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Edward B. Foley

All FSI People Visitors and Affiliates

Edward B. Foley

  • Visiting Scholar, Winter 2016
Encina Hall
616 Serra Street
Stanford, CA 94305-6055


Foley (known as “Ned”) directs Election Law @ Moritz  at Ohio State’s law school, where he also holds the Ebersold Chair in Constitutional Law.

His book Ballot Ballots: The History of Disputed Elections in the United States, published by Oxford University Press, was is available as of December 2015.

Ned also serves as the Reporter for the American Law Institute’s Election Law Project, which is developing nonpartisan rules for the resolution of disputed elections.  (The American Law Institute is the well-respected professional society responsible for the Restatements of Law and the Model Penal Code, among many other projects.)

While Ned has special expertise on the topics of recounts, he is conversant in all topics of election law, including redistricting and campaign finance, and recently co-authored a casebook Election Law and Litigation: The Judicial Regulation of Politics (Aspen 2014), which covers all aspects of election law.  He and his casebook co-authors also have a contract with Oxford University Press to write a treatise on election law—remarkably the first of its kind in the United States in over a century.  He is also a co-author of From Registration to Recounts: The Ecosystems of Five Midwestern States (2007).

Among Ned’s many articles, recent ones include:

  • Voters as Fiduciaries, 2015 University of Chicago Legal Forum 153
  • The Speaking Ballot, 89 N.Y.U. L. Rev. Online 52 (2014)
  • Virtue over Party: Samuel Randall’s Electoral Heroism and Its Continuing Importance, 3 U.C. Irvine L. Rev. 475 (2013)
  • A Big Blue Shift: Measuring an Asymmetrically Increasing Margin of Litigation, 28 J. L. & Pol. 501 (2013)
  • The Posterity Project: Developing a Method for Long-Term Political Reform, 66 Oklahoma L. Rev. 1 (2013)
  • Voting Rules and Constitutional Law, 81 Geo. Wash. L. Rev. 1836 (2013)
  • The Separation of Electoral Powers, 74 Montana L. Rev. 139-163 (2013)

Professor Foley has taught at Ohio State since 1991. Before then, he clerked for Chief Judge Patricia M. Wald of the U.S. Court of Appeals and Justice Harry Blackmun of the United States Supreme Court. In 1999, he took a leave from the faculty to serve as the state solicitor in the office of Ohio’s Attorney General. In that capacity, he was responsible for the state’s appellate and constitutional cases.

Professor Foley is a graduate of Columbia University School of Law and Yale College.